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Han Hui Hui appealing cancellation of permit and ban on HLP

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On behalf of client Han Hui Hui, lawyer M Ravi has submitted a letter of demand to the National Parks Board and an appeal to the Minister for National Development, requesting for the ban on Ms Han to use Speakers’ Corner be reversed and future restrictions lifted.
Ms Han had her earlier approved permit to use Speakers’ Corner on 25 October revoked by NParks. In addition, she and a number of her fellow protesters, including blogger Roy Ngerng, have been banned from making further applications to use Speakers’ corner, situated in Hong Lim Park, pending the current investigation and charges for an earlier protest held on 27 September.
The 27 September protest saw Ms Han’s group clash with a YMCA charity event, which was also granted a permit to use HLP concurrently.
Ms Han and Mr Ngerng have both been charged under the Parks and Trees Act (Parks and Trees Regulation).
In the letters, Mr Ravi appealed for the cancellation of Ms Han’s permit to be reversed, and for her right to hold future events at HLP to be reinstated.
“The reason given for the cancellation – that the Appellant “is assisting the Police with investigations into an incident which occurred during the “Return of the CPF Event” at the Speakers’ Corner on 27 September 2014 – constitutes, a breach of the Appellant’s rights of freedom of speech and assembly under Article 14 of the Constitution,” said Mr Ravi.
“That reason is also ultra vires Regulation 8(3) of the Parks and Trees Regulations… inasmuch as the act of assisting the Police, nor even the commencement of legal proceedings against the Appellant, does not constitute nor can it be construed as an implication, assertion or proof of guilt of any offence, nor does it constitute evidence of a breach of any law or of the terms and conditions of approval for the Return Our CPF Event, or a lack of readiness to comply with the law and abide by such terms and conditions.”
Mr Ravi also said that there was no rational basis for the revocation of Ms Han’s 25 October permit, and that it amounts to a form of pre-emptive justice.
“At best, it entails a second-guessing of the outcome of legal proceedings. At worst, it involves the Commissioner in acting as prosecutor and judge over matters not within his jurisdiction.”
Mr Ravi said that Ms Han being charged with offences does not mean she is convicted of a crime, and she is entitled to the benefit of the presumption of innocence.
Similarly, Mr Ravi said that the ban on Ms Han to apply for permits to use HLP for other events until completion of police investigations or the resolution of her case is a breach of her Constitutional right to free speech and ultra vires to the Parks and Trees Regulation.
“Depending how long the Police investigations take, the restriction may last indefinitely,” said Mr Ravi. “It is an indeterminate, wholly disproportionate and oppressive ban. There is therefore no rational basis for the ban on applying for a permit and it is beyond the limited powers of Regulation 8(3) of the Act as being irrational, wholly unreasonable and based on irrelevant considerations.”
He also indicated that the short notice given to Ms Han about the revocation of her permit and the ban prevents her from preparing and lodging an appeal or seeking any sort of legal redress in the Courts in time to enable the 25 October protest to proceed, which also makes NParks’ decision “unreasonable”.
Mr Ravi said that Ms Han will be “vigorously defending the charges brought against her”, pending which the cuggent charges made against her should have no impact on her eligibility to apply for another permit to use Speakers’ Corner.

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Civil Society

RSF Director General meets Taiwanese President Lai Ching-te, proposes measures to combat disinformation

Thibaut Bruttin, Director General of Reporters Without Borders (RSF), met Taiwanese President Lai Ching-te on 16 October 2024 to discuss measures for strengthening Taiwan’s democracy against disinformation. Bruttin highlighted the importance of media reform, citing Taiwan’s improved press freedom ranking and RSF’s global initiatives.

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Thibaut Bruttin, Director General of Reporters Without Borders (RSF), met with Taiwanese President Lai Ching-te in Taipei on 16 October 2024.

The meeting focused on strategies to bolster Taiwan’s democratic resilience against disinformation. Bruttin was accompanied by key figures from RSF and Taiwan’s leadership, including Secretary-General of the National Security Council Joseph Wu and Deputy Minister of Foreign Affairs François Wu.

The delegation also included notable figures from RSF’s Taipei Bureau, such as Director Cédric Alviani, Advocacy Manager Aleksandra Bielakowska, and Development and Projects Manager Shataakshi Verma.

The talks were held in the context of Taiwan’s rising prominence in global press freedom, with the nation moving from 35th to 27th place in RSF’s 2024 World Press Freedom Index.

Bruttin praised Taiwan’s advancement but emphasised the importance of continued reforms to ensure that Taiwan’s media remains resilient in the face of increasing disinformation campaigns, particularly given the island’s tense geopolitical situation with the People’s Republic of China.

“Taiwan, as a regional leader in press freedom and the only democracy in the Chinese-speaking world, has everything to gain from aligning its media regulations with international standards,” Bruttin stated. He argued that reforms are crucial not only for combating disinformation but also for restoring public trust in the Taiwanese media, which he noted is alarmingly low.

According to recent studies, only three out of ten Taiwanese citizens trust the media, a figure that ranks among the lowest in democratic nations. Bruttin attributed this in part to Taiwan’s polarised and sensationalist media landscape.

During the meeting, Bruttin outlined several key RSF initiatives that Taiwan could adopt to enhance its media environment.

Among these was the Journalism Trust Initiative (JTI), the world’s first ISO-certified media quality standard, designed to promote reliable and transparent journalism.

He also discussed the Paris Charter on Artificial Intelligence and Journalism, which aims to ensure ethical standards in the use of AI within the media.

Additionally, Bruttin introduced RSF’s Propaganda Monitor, a project that tracks and counters propaganda and disinformation worldwide, including efforts by state actors.

Bruttin stressed that implementing these initiatives could help Taiwan build a more transparent and trusted media sector, crucial for democratic stability. He also addressed the role of international platforms, which often dominate local media landscapes, posing a long-term threat to the viability of independent journalism.

Bruttin’s visit coincided with two significant events for RSF in Taiwan.

Firstly, the organisation held its inaugural Asia-Pacific Correspondents Seminar, which gathered regional representatives from RSF for internal discussions on the state of press freedom across Asia.

Secondly, RSF celebrated the seventh anniversary of its Taipei Bureau, which was opened in 2017 to strengthen RSF’s presence in the region. The anniversary reception saw over 200 prominent figures from the media and academic spheres attend, highlighting the increasing significance of RSF’s work in Asia.

Taiwan’s media landscape has long been under pressure due to aggressive efforts by the People’s Republic of China to assert sovereignty over the island. China’s state-sponsored disinformation campaigns are frequently aimed at destabilising Taiwan’s democratic institutions.

These efforts have exacerbated divisions within Taiwan’s media sector, which is already fragmented and prone to sensationalist reporting. Bruttin’s recommendations reflect a broader push to enhance Taiwan’s ability to resist such external interference through robust media governance and public trust-building measures.

Bruttin’s discussions with President Lai follow a similar visit by RSF’s previous Director General, Christophe Deloire, in 2017, when he met with then-President Tsai Ing-wen. RSF has consistently praised Taiwan for its commitment to press freedom but continues to advocate for further regulatory improvements.

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Civil Society

Meta and X served targeted POFMA order after activist’s non-compliance

Meta and X received targeted correction directions under the Protection from Online Falsehoods and Manipulation Act on 11 Oct after activist Kokila Annamalai failed to comply with a correction order. The Ministry of Home Affairs stated her misleading posts claimed the government executes arbitrarily without due legal process and will refer her to the POFMA Office for investigation.

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SINGAPORE: Two social media platforms have been served with targeted correction directions under the Protection from Online Falsehoods and Manipulation Act (POFMA) on Friday (11 October), after activist Kokila Annamalai failed to comply with a correction order issued to her last week.

Ms Annamalai received the order on 5 October for misleading posts made on Facebook and X.

In a statement, The Ministry of Home Affairs (MHA) said the posts falsely claimed that “the government schedules and stays executions arbitrarily and without regard for due legal process, and that the State does not bear the legal burden of proving a drug trafficking charge against the accused person.”

MHA noted that an article on the government fact-checking website Factually elaborated on why Ms Annamalai’s assertions were false.

The order mandated that she post a correction notice on the two posts; however, she has not complied.

In light of this non-compliance, the Minister for Home Affairs has directed the POFMA Office to issue a targeted correction direction to Meta Platforms and X.

This order requires the platforms to notify users who have seen the posts that they contain false statements and to provide a link to the Factually article explaining the inaccuracies.

MHA also announced that it would refer Ms Annamalai to the POFMA Office for investigations regarding her failure to comply with the correction direction issued on 5 October.

Earlier, the Anti-Death Penalty Asia Network (ADPAN), an organisation advocating for the abolition of the death penalty in the Asia-Pacific region, was also served with a correction order by the Singapore government under POFMA.

This order, initiated by Minister for Home Affairs and Law K Shanmugam, was in response to alleged false claims made by ADPAN in social media posts on 3 October 2024.

The posts, which were circulated on Facebook, Instagram, and LinkedIn, related to Singapore’s legal processes for death row prisoners and the treatment of activists opposing the death penalty.

They were released just before the scheduled execution of Mohammad Azwan Bohari, a drug trafficking convict sentenced to death for possessing over 26.5 grammes of pure heroin.

While ADPAN has since complied with the correction order by adding a notice to the original posts across its social media accounts, the group has expressed its intention to engage further with the order.

ADPAN reiterated its commitment to its statements and opinions, which it asserts are protected by international human rights law and standards, and expressed solidarity with human rights defenders and groups on the ground.

The organisation also reserved the right to issue additional statements on the matter.

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